Wage Garnishment Laws for Members of the Military

Wage garnishment laws for members of the military are different than non-military members because creditors must go through more procedures. Normally, after creditors obtain a judgment against someone, the creditors forward a writ of garnishment to the person's employer. The employer removes up 25 percent—as of 2009—from the person's paychecks after taxes until the debt is satisfied. According to Nolo, garnishing a military member's wages is possible, but the process may prove cumbersome.

Creditors Must Obtain Wage Garnishments as They Would with Non-military Members

Any creditor such as former landlords or lenders owed money must initiate legal proceedings in their local court. During the hearing, the creditor must prove their case to a judge. Once the creditor obtains a judgment, or win the case, they have the right to go after the person's wages for repayment.

Complete the Involuntary Allotment Application

Unlike other employers, who accepts the writ of garnishment the judge provides to a creditor, the military expects a creditor to complete an Involuntary Allotment Application. This application, also called DD Form 2653, must be correctly filled out and contain the military member's social security number and full name. The information is used by the military to make a positive identification. Along with the Involuntary Allotment Application, a creditor has to submit three certified copy of the final judgment against the military member. One copy must be the original document and the others can be copies of the same document. Also, the final civil court judgment must be signed by a judge, not the clerk of courts.

The Application Undergoes a Legal Review

The Defense Finance and Accounting Service (DFAS) will review the application and verify that the information is correct and the military member's wages can be garnished. According to DFAS, some military members' pay can not be subjected to wage garnishments.

The Military Member is Informed

The military member is notified approximately within 5 days of receiving the application and has 15 days to respond to their commander—or up to 30 days if there are circumstances. If the application is granted there the military member receives a 90 day notice of the wage garnishment. The wage garnishment starts 90 to 120 days after the application was approved.

Consult an Attorney

Any applications not properly filled out will be denied, according to the DFAS. Thus, it's best for a creditor to contact a lawyer to assist in filing out the application.